Here are the official terms of our agreement. They are important so take a moment to read them. Just scroll down the window to read it. Company’s Website Terms and Conditions of Service

Date Last Revised: August 5, 2010

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Website owned and operated by FaceFile, Inc., a Colorado corporation ("911ELERTS"), and located at 911ELERTS’s Website ("www.911elerts.com"). By using 911ELERTS’s Website you agree to be bound by the terms and conditions of this Agreement and 911ELERTS's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).

IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT CONTINUE WITH YOUR REGISTRATION

For the purposes of this Agreement, FaceFile, Inc. is hereby referred to as the "Company” and www.911elerts.com is hereby referred to as “Company Website” and the customer using 911ELERTS’s our friends & family emergency alerting system while connecting them to 9-1-1 service is defined as the "Customer."

Customer agrees to all of the terms and conditions outlined in this document prior to using 911ELERTS our friends & family emergency alerting system while connecting them to 9-1-1 service. By using 911ELERTS service from Company, Customer acknowledges that they have read and agree to the following terms and conditions.

Privacy and your Personal Information

For information about Company's data protection practices, please read Company's Privacy and Security Policy located at http://www.911elerts.com/policy, which is hereby incorporated into this Agreement. This policy explains how Company treats your personal information, and protects your privacy, when you access Company’s Website and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Definition of Service

For the purposes of this Agreement, Service is defined as follows.

The maintenance of Customer contact and personal information in an online database. The maintenance of a call center for the purpose of receiving reports and assisting Customer through all contact phone numbers and email addresses listed in Customer's account.

Service Plan begins on the date of a successful completed subscription with a valid credit card and continues for the period of time specified during the purchase or upon the completion of a subscription to Annual or Free/Trial Service Plan offered by the Company. Years are defined as 365 days per 1-year service purchased. Service ends at the expiration of the service (subscription) contract period purchased or expiration of a Customer’s subscription to an Annual or Free/Trail service plan or by contacting us via phone, email or mail. After completion of a subscription period, Company has no more obligation or responsibility to provide service of any kind for the Customer.

Service is not a GPS system, implanted microchip, or electronic tracking or locating device of any kind.

Your Use of the Service

Your right to access and use Company’s Website and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Company’s Website for lawful purposes. Accurate records enable Company to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our "add account" setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you may be affected. Your access and use of Company’s Website may be interrupted from time to time for several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Company’s Website or other actions that Company, in its sole discretion, may elect to take.

Company Access of Customer Information

Customer acknowledges that Company employees or agents may access Customer information for the purpose of reporting a Lost Person, Articles or Miscellaneous Items or other business related reasons. Company does not keep or store Customer credit card information unless otherwise authorized by Customer. Police Officers or Law Enforcement may be granted temporary access to your account if a crime has been committed against you or upon the filing of report of a crime or incident against you for purposes of viewing any activity that may help them solve a crime or incident.

Location Service

When you initialize Company Service for your device included on your account, Company will notify the users Personal Protection Network via email or if their friends and family opted into SMS text message or voice alerts that the users device may be located by them. Accuracy of the location information is subject to network capabilities, environmental conditions, and whether or not the devices are powered on and within the user’s coverage area. You acknowledge and agree that Company does not guarantee results and the results you may obtain from Company or the users mobile phones network, including but not limited to data and messaging, may not be accurate, timely or reliable. Company reserves the right to set limits on the use of these services at its discretion.

Number Portabilty

FCC defined legislation allows you to “port” your current wireless phone number to another wireless service provider. If you request your new wireless service provider to port a number, we must receive your request via email at admin@911elerts.com or you can update your profile yourself in your account under your personal profile tab and list your new wireless provider. This must be done first in order to continue full service. Failure to update your account with your new wireless provider will result in Company inability to pass your location on to your friends and families. After your porting is completed properly through your new wireless provider and Company, there may be a disruption in some services, such as location services, for a period of up to 48 hours.

Email/SMS/Voice Service

You may use Company to send EMAIL/ SMS/ VOICE Safety Alerts messages to your Personal Protection Network you have associated with your account. Your account permits unlimited email, SMS and Voice Safety Alert messages per month. You may not use SMS in a manner that could result in the receipt of spam by other individuals.

Consent to Data Collection

By providing your consent to these Terms and Conditions and by activating Company Service, you authorize Company to collect, use and disclose geographic location and other information.

Lawful Use

You agree not to use Company Service or the location information provided by users thereby for any unlawful purpose, and you agree to comply with all applicable laws and rules.

Account Information from Third Party Sites

With the Service, members may direct Company to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Company works with one or more online financial service providers [Paul, I am unclear about the connection to financial institutions – can you explain? I just want to be sure this language is appropriate] under contract to access this Account Information. Company makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Company is not responsible for the products and services offered by or on third-party sites. Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Company does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.

Company Offers and Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and display Company Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. In connection with Company Offers, the Service will provide links to other websites belonging to advertisers and other third parties. Company does not endorse, warrant or guarantee the products or services available through the Company Offers (or any other third-party products or services advertised on or linked from our site), and Company is not an agent or broker or otherwise responsible for the activities or policies of those websites. Company does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on Company’s Website are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information." By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify Company immediately at the email address:admin@911elerts.com

Online and Mobile Alerts

Company may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts are sent to you following certain changes made online to your Company account, such as a change in your Registration Information. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we strongly recommend that you do not since they are security-related. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Company may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for Company Service. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your company’s website Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Company is Not Responsible for Customer Information

Customer acknowledges that entering their personal information into the Company’s Website account is the sole responsibility of the Customer, not the Company. Company is not responsible for any of the information contained in the Customer's account. Company does not warrant the authenticity or accuracy of the information contained in a Customer's account. The maintenance of accurate and current information in the Customer's account is the sole responsibility of the Customer. Customer will indemnify and hold Company harmless for any lapse in Service or access to Customer account which results from any force outside of Company's reasonable control or influence including, but not limited to power outages, website hosting interruptions, software problems or Company termination.

Payment

By selecting a payment plan, Customer hereby authorizes Company’s Website to maintain and charge the Customer's credit card of record automatically on the date of expiration of the subscription plan. Customer agrees that the card will be automatically charged each month or year for their subscription plan, unless Customer contacts Company via phone, postal mail or email to cancel subscription plan.

By selecting the Free/Trial plan, Customer hereby authorizes 911elerts.com to opt-in Customer into the Company’s advertiser supported program. By this you agree to receive promotional materials via email or mail from Company and their advertisers. Our free subscribers are given the opportunity to opt-out of having their information used for purposes not directly related to our Website by upgrading to a paid plan or to discontinue the use of our service.

Company will never share your confidential information with any other party (except as set out in the "Sharing" section in our privacy statement). Paid subscribers who do opt-in to have their information shared with a third party should be aware that their information will be subject to the privacy practices of such third parties and users are advised to consider the policies of each such third party prior to any opt-in for information sharing. Company selects its third party partners with care but does not have any ongoing control over the privacy practices of such third parties. Company is not responsible for any damages, costs, expenses or liabilities resulting from the actions of any third party.

Company’s Website may share any of the categories of non-confidential Customer Information with companies from which Customer has purchased or used our service. (Set out in the "Sharing" section in our privacy statement.) All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide services we ask them to perform or previously agreed upon marketing services. No credit card information will be transmitted outside of Company’s Website system at any time. Company selects its third party partners with care but does not have any ongoing control over the privacy practices of such third parties.

In addition, we may share any of the non-confidential categories of Customer Information with affiliated companies in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our nonaffiliated and affiliated companies may provide you with additional marketing support or materials for services or products other than those of the Company.

If you wish to have your information removed from our list of shared customer information and you are a Paid subscriber who opt-in, please send a request, in writing, to 911ELERTS, Attn: Data, 747 Sheridan Blvd., Unit 9B Lakewood, CO 80214.

Company's Payment Methods

Company allows you to make your purchases using any of the payment methods described below. You even can combine more than one payment method for a single purchase. Please read carefully our policies with respect to payment methods before you place your order.

Credit, Debit, and Check Cards

Whether you order online or phone in your order to Company, you may pay by credit, debit, or check card. When you provide Company with your card information, Company will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Company will not bill your credit card or process a transaction under your debit or check card until your order ships.

The Company accepts Visa, MasterCard, and American Express cards. Company is unable to accept credit, debit, or check cards associated with a billing address outside of the United States.

Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially.

The Company requires the credit, debit, or check card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard).

Return and Refund Policy

If you are not satisfied with your purchase of a product or service, please call 1-303-233-3506 for a Return Material Authorization (RMA) request within 30 calendar days of the receipt of the product. Company will offer you a refund.

Company's Intellectual Property Rights

The contents of Company Website, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Company’s Website belong or are licensed to Company or its software or content suppliers. Company grants you the right to view and use Company’s Website subject to these terms. You may download or print a copy of information provided on Company’s Website for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Company’s Website in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH COMPANY’S WEBSITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF COMPANY’S WEBSITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON COMPANY’S WEBSITE OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Limited Responsibility for Lost and Found Reporting

Company does not guarantee that any lost Person, Articles or Miscellaneous Items will be found. Company does not employ any service for the purpose of search. No agent of the Company will take an active role in searching for any Person, Articles or Miscellaneous Items. Company shall have no responsibility to make arrangements for the return of any Person, Articles or Miscellaneous Items. Company's only responsibility is to maintain a call center for the purpose of receiving reports of lost Person, Articles or Miscellaneous Items and the maintenance of a website and database of Customer's contact and Personal information.

Limited Liability

Company is not liable for any loss of property, nor for the loss of any Person, Articles or Miscellaneous Items. Customer will indemnify and hold Company harmless for any damages, real or perceived, incurred by the Customer as a result of using the Service of the Company or any services from the Company. Using Company Service is not a guarantee of personal safety, return, or health. Customer acknowledges that Company has no control, influence or responsibility for the care of any person. In addition, Company is not liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality that is caused by any of the following:

Third party

omission an act or omission of an underlying carrier, service provider, vendor, or other third party;

Equipment

failure equipment, network, or facility failure;

Equipment

modification equipment, network, or facility upgrade or modification;

Force majeure force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;

Equipment

shortage equipment, network, or facility shortage;

Equipment

relocation equipment or facility relocation;

Loss of power service, equipment, network, or facility failure caused by the loss of power to you;

Outages outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;

Acts or omissions any act or omission by you or any person using our service or the device provided to you; or

Other causes any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.



In no event will the Company, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with our Service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Company disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither the Company nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) incurred by, or on behalf of, you or any third party or user of our service, relating to the conduct of emergency response or calling centers.

You shall defend, indemnify, and hold harmless the Company, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) incurred by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO COMPANY WEBSITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

911 Or Other Emergency Calls

Public Safety Officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wireline phones, depending on a number of factors (for example, whether your Device is GPS enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service ("E911"), where enabled by local emergency authorities, uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911 – you should follow voice prompts when interacting with emergency service providers employing IVR systems to screen calls.

Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Ending your relationship with Company

This Agreement will continue to apply until terminated by either you or Company as set out below. If you want to terminate your legal agreement with Company, you may do so by closing your account for the Service.

Modifications

Company may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the Company’s Website. In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to this Agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Company under this Agreement, shall be governed by the laws of the State of Colorado without regard to its conflict or choice of laws provisions. Any dispute with Company or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Colorado within the county of Denver, Colorado, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Company is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with Company, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company's rights and that those rights or remedies will still be available to Company. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Company regarding the subject matter of the same, and supersedes all other previous agreements.





FaceFile Inc. DBA 911ELERTS

747 Sheridan Blvd. Unit 9B Lakewood, CO 80214 Support@911elerts.com